I received a DUI last year and I'm on probation. I've received travel permits to travel for work around the US. Me and my fiancé are hoping to be married over seas where most of our families lives. My probation was suppose to end in March because of good behavior, but now my PO told me I have another year. What are the chances a judge would deny my foreign travel for my wedding? do I need a lawyer to make the process easier? What type of lawyer would I be looking if I went that route? I would be very crushed If I took this away from my fiancé...
Thank you in advance.
First, you should ask your Probation Officer for permission to travel outside your usual restrictions. Second, you ask the Judge if your PO says no. If you need to ask the Judge, I suggest you retain a criminal defense lwyer to make a motion. Don't wait until the last minute. It is hard to know how a particular Judge will react. You have to assume the Probation Department will oppose. A judge could say get married in New York. I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years.
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You have to ask the PO.
They ask the judge.
If they don't and just say no, you need a local criminal attorney to make the motion to allow you to travel to the judge.
It is likely to be granted in the end but it might be a fight to get there.
It also has to be concrete and not just speculative.
Good Luck and Congrats.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
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